FACULTY OF LAW

LLM BY COURSEWORK

HISTORY OF THE LAW FACULTY

Stellenbosch University traces its origin back to the opening of the Stellenbosch Gymnasium in 1866. The

Gymnasium subsequently gave birth to the “Arts Department” which became “Stellenbosch College” in 1881.

In 1887, the golden jubilee of Queen Victoria’s reign, the Stellenbosch College was transformed into the

“Victoria College” in honour of the Queen. The possibility of the establishment of a single national university

in Cape Town after the unification of South Africa, seriously threatened the continued existence of the

College and the status of Dutch as an official language of the Cape Colony. The Victoria College, however,

was not prepared to give up its heritage. By April 1918 it had managed to convince the Government of the

need for the institution, and Victoria College then

became Stellenbosch University.

At the centre of Stellenbosch, at the corner of

Victoria Street and Ryneveld Street, is the Old Main

Building, home to the Stellenbosch Faculty of Law.

Inaugurated in 1886 as the main building of the Victoria

College, this building also serves as a monument to

commemorate the 200th anniversary of the

establishment of the town by Simon van der Stel in

1686.

The Stellenbosch Law Faculty itself was established in

1921. Initially the Faculty focused on LLB degrees,

training and equipping students, not merely as legal

practitioners, but also as jurists. Graduates of the

Faculty include judges, advocates, attorneys, business

people, politicians and academics. In 1976 the LLM degree (by thesis) was awarded for the first time to two

students. The Law Faculty introduced the Master of Laws programme (LLM by coursework) in 1994. A wide

variety of modules is offered (see paragraph 17 below). The purpose of our LLM is not only to enable law

graduates to specialise, but also to afford them an opportunity to concentrate on current issues brought to

the fore by societal transition and constitutional and other recent developments, including South Africa’s

resurgence as an important trading nation.

CONTACT NUMBERS OF

THE FACULTY OF LAW:

Faculty Manager / LLM Coordinator: Karin Wiss

tel: +27 (0)21 808 3780

e-mail: karinwiss@sun.ac.za

fax: +27 (0)21 886 6235

Faculty Administrator: Shirle Cornelissen

tel: +27 (0)21 808 4850 e-mail: shirle@sun.ac.za

The Law Faculty – Stellenbosch University

1. The LLM Programmes at Stellenbosch

1.1 Stellenbosch University offers five LLM programmes by coursework, namely:

the general LLM by coursework;

the LLM in International Trade Law;

the LLM in Intellectual Property Law;

the LLM in Labour Law;

the LLM in Alternative Dispute Resolution.

1.2 The curriculum for the general LLM by coursework is not formally organised on a departmental

basis, and there is no uniform set of prescribed modules. Instead, students are invited to compile a

curriculum from modules offered by the Faculty. Selections must meet the formal degree requirements

and are subject to approval by the Faculty Board. The timetable also restricts the options available

to the student. This is inevitable. The timetable, while leaving room for inter-disciplinary choices,

permits student specialisation by the selection of modules within the broad areas of either Private,

Mercantile or Public Law. In addition to the modules a research paper must be completed. For more

information on the research paper see paragraph 18 below.

1.3 The LLM in International Trade Law comprises the following modules: International Sales Law;

International Commercial Arbitration; Sustainable Development Law; Payment and Guarantees in

International Contracts; Carriage of Goods by Sea; Legal Aspects of World and Regional Trade; and

International Tax Law (all modules from the Department of Mercantile Law). Students must complete 4 of

the 6 modules (2 modules per semester). In addition to the modules a research paper must be completed.

For more information on the research paper see paragraph 18 below.

1.4 The LLM in Intellectual Property Law comprises three compulsory modules and one elective (all

modules from the Department of Mercantile Law). The compulsory modules are Copyright Law, Patent

Law and the Law of Registered Design, as well as Trademark Law. Students take either Intellectual

Property Law in the Digital Environment or Competition Law as their elective. In addition to the modules

a research paper must be completed. For more information on the research paper see paragraph 18

below. For more information about this programme visit the homepage of the Chair of Intellectual

Property Law website here at www.sun.ac.za/iplaw.

1.5 The LLM in Labour Law comprises four compulsory modules, Employment Rights, Selected issues in

International Labour and Social Security Law, Equality in the Workplace and Selected issues of Collective

Labour Law (all modules from the Department of Mercantile Law). In addition to the modules a research

paper must be completed. For more information on the research paper see paragraph 18 below.

1.6 The LLM in Alternative Dispute Resolution comprises three compulsory modules and one elective.

The compulsory modules are International Commercial Arbitration, Mediation and Selected Dispute

Resolution Techniques. Students can choose International Sales Law, Employment Rights, Sustainable

Development Law or Public Procurement Regulation as their elective module. In addition to the modules

a research paper must be completed. For more information on the research paper see paragraph 18

below.

1.7 With exception of the LLM in International Trade Law, Intellectual Property Law, Labour Law and

Alternative Dispute Resolution, under university regulations, the degree certificate will not reflect any

chosen field of specialisation.

1.8 The LLM by coursework is not a correspondence course. Class attendance at Stellenbosch is required.

2. Registration of modules elsewhere

2.1 Students registering for a general LLM degree at Stellenbosch may be allowed to enrol – subject to the

prior approval of the respective Faculty Boards and subject to paragraph 4.2 below – for a maximum of

one approved module from the LLM programme at UCT or UWC. The practical legal training course

will not be accredited as a LLM module at Stellenbosch.

Recognition of such module followed at other universities is however subject to prior approval by the

Faculty Board of Stellenbosch University. Such recognition may be given on condition of additional work

being done.

2.2 Students who decide to enrol for a module at UCT and/or UWC, should note that registration as a

special student at those universities would also be required.

3. Exchange programme

South African students in the general LLM programme may apply to participate in our international exchange

programme. Successful applicants will complete two LLM modules at one of our international partner

universities. Interested candidates may apply with the LLM coordinator, before 15 February 2019.

4. Completion of degree

4.1 A student will be awarded the LLM degree after

(a) the successful completion of prescribed curricula in four modules; and

(b) the successful completion of a research paper, prepared under supervision, of 15 000 to 20 000

words (including footnotes, but excluding bibliography) on a topic approved by the Faculty Board.

4.2 Students will be required to complete and submit their research papers at the university where they are

registered for degree purposes. See paragraph 18 below for more information on the research paper.

5. Module selection: some limitations

5.1 The availability, presentation and structure of modules in a given year may be affected by the absence

of faculty members on leave. It is therefore also important for students who commence with their

studies during the July intake of an academic year to consult the prospectus for the academic year

that starts in January of the following year, as soon as it becomes available.

5.2 A minimum enrolment of five students is required for a module to be presented.

5.3 Students following the general LLM, may choose:

(a) any number of modules offered in the LLM in International Trade Law or the LLM in Labour Law;

(b) a maximum of two modules offered in the LLM in Intellectual Property Law (subject to approval by

the programme coordinator);

(c) Mediation and/or Specialised Dispute Resolution Techniques (from the LLM in Alternative Dispute

Resolution) may only be taken subject to the approval of the programme coordinator;

5.4 The timetable also restricts the available options.

6. Duration of the programme

6.1 Full-time students are required to satisfy the prescribed requirements within one academic year

(consisting of two semesters of 13 weeks each). Two modules must be followed in each semester, and

students will be examined on a semester basis.

6.2 The Faculty Board may allow students to extend their studies over a period of two years. Such students

will be required to follow at least one module per semester. In such a case class fees will depend on the

number of modules followed in a given semester.

6.3 Full-time and part-time students may elect to commence their studies at the beginning of the first or

second semester.

6.4 Students are not permitted to register for more than two modules per semester.

7. First meeting and training sessions

All students are required to attend the first meeting at the beginning of the academic year. This meeting

is scheduled for Thursday, 31 January 2019 at 16:30 at the Old Main Building. The purpose and details of

this meeting are set out in a further notice, which can be obtained from Karin Wiss (karinwiss@sun.ac.za).

A separate informal meeting will be arranged for students who only commence with their studies in the

second semester.

Students are furthermore obliged to attend the training sessions offered by the Faculty. A schedule will be

provided to the students at the first meeting.

The Learning Commons in the main library – Stellenbosch University

8. Medium of Instruction

The language of instruction is English. Yet assignments, research papers and examinations may be written

in Afrikaans or English.

9. English Proficiency

Students of the Faculty of Law have to be proficient in English and must be able to study, write exams and

compile research papers effectively in English. International students applying for admission to the LLM

Programme are required to submit proof of their current level of proficiency in English (i.e. TOEFL or IELTS

scores).

Please note that, where appropriate, the Faculty will refer students to various support services offered by

Stellenbosch University in this regard.

10. Method of instruction

10.1 Modules will be presented by means of seminar sessions based on prescribed material. Active student

participation is required.

10.2 There will be one session of 2 hours in each module per week, or as otherwise arranged with

students (e.g., one 4-hour session every second week).

11. Examinations

11.1 Formal examinations will be conducted in all modules. The research paper will be evaluated by a

supervisor in conjunction with an internal and external moderator.

11.2 Written examinations may be combined with oral examinations and/or assignments.

11.3 In addition to any other requirements which apply to the calculation of the final mark for a module

(for example those stated in the module framework) a final mark of less than 50 must be allocated if

a student obtains a mark of less than 40 in the written examination.

11.4 There are no supplementary examinations for LLM modules. However if a student has failed only one

module, and has passed the other three modules, such student may, at the discretion of the Dean in

consultation with the relevant academic department, be permitted to write a dean’s concession

examination. The pass mark for such examination is 50%.

12. Admission requirements

A student with an LLB degree conferred by this University or any other bachelor’s degree in Law (excluding

the BIuris degree) and who has attained an average of 60% in the final year of this degree or a comparable

achievement in another qualification (for example at least 6 points in the First German State Examination),

or a student who has attained a level of proficiency or accomplishment in Law which, in the judgement of

the Senate, is regarded as adequate for this purpose, may apply in writing to read for a Master’s degree in

Law. The Senate will consider every application on merit.

Applicants for the LLM (Intellectual Property Law) may be required to submit a selection essay to the

programme coordinator in support of their application.

13. Admission procedure

13.1 Applications may be submitted online at www.sun.ac.za/pgstudies or www.maties.com. South African

students must apply before 15 January of the year of registration and foreign students before 30

September of the year before registration. However, late applications will also be considered.

13.2 Applications for registration for the second semester have to be submitted by 15 July in the case of

South African students and 31 March in the case of foreign students. However, late applications will

also be considered.

The campus – Stellenbosch University

14. Tuition fees (approximate)

14.1 Although the tuition fees for 2019 have not yet been finalised, they will amount to approximately

R12 370 per module and R7 081 for the research paper. Fees for the full complement of modules

may accordingly amount to R56 561. Please note that this excludes any module levies that may be

applicable to individual modules. A provisional account can be created online at www.maties.com

14.2 International students are also required to pay an international registration fee and an international

tuition fee. Please contact the International Office at interoff@sun.ac.za or at brandt@sun.ac.za for

more information.

14.3 The onus is on the student to establish the fees prior to registration. Students should note that

student fees might be amended annually. This will affect students who decide to complete the LLM

programme over two years instead of one, as well as students who enrol in the LLM programme

during the second semester, thereby completing the degree over two academic years.

14.4 The tuition fees do not include the cost of textbooks, notes or other materials prescribed for the

specific modules.

15. Visa information

International students are required to have a valid study visa to study at Stellenbosch University. Stellenbosch

University is not permitted to register a student without a valid temporary residence visa (study visa).

Please contact the nearest South African High Commission or Embassy

(http://www.dirco.gov.za/webmissions/index.html) to confirm the application process and supporting

documents required for the visa application.

16. Financial assistance

Consult Part 2 of the Yearbook of Stellenbosch University.

The campus – Stellenbosch University

17. Modules

DEPARTMENT OF MERCANTILE LAW

Advanced Company Law

Lecturer to be confirmed (Second semester)

The corporation or company has been the vehicle for wealth creation in all modern economies. However,

the company form has often been abused to the detriment of investors, employees and the general public.

Since the turn of the 21st century this was spectacularly illustrated by the Enron and Worldcom scandals in

the United States and also by similar events elsewhere. Corporate governance concerns the structures and

practices that must be in place to ensure that all stakeholders in a company are fairly treated and that their

interests are properly guarded. The student who completes this module successfully will have an

understanding of international trends in Company Law and the most important international documents on

corporate governance from a comparative point of view.

The module has the following content: Introduction to comparative company law; company structures and

principles in common law systems (including South Africa); company structures and principles in other

European legal systems. Corporate Governance: corporate governance issues with examples from South

Africa, the UK, USA, Germany, France and the Netherlands; self-regulatory codes; accounting, accountants

and analysts; conflicts of interest; corporate governance and corporate reconstructions. Other capita selecta

in the field of company law may also be covered.

Competition Law

Prof PJ Sutherland (Second semester)

In this module, South African competition law is studied from a comparative perspective. The main

jurisdictions for comparison are the European Union and the United States but passing reference will be

made to German, Canadian, Australian and UK law. In most legal systems the focus of competition law now

is on interests of consumers in productive dynamic and allocative efficiency. The first part of the module

considers the goals of South African competition law against this backdrop. The next section concerns

the exonomics of competition. Economics is central to the resolution of competition law issues and this part

of the module is intended to provide the student with the basic economic skills that are needed for this

purpose. Thereafter the jurisdiction of competition authorities and the international dimension

of competition are studied. Next comes the central part of the module. The substantive competition law,

that is the law regarding horizontal and vertical restrictive practices, abuse of dominance and mergers, is

evaluated in detail. Finally, a brief survey of the institutions responsible for regulating competition law and

the remedies available for breaches of competition will be done.

Copyright Law

Mr G van Deventer (First semester)

This course will focus on selected issues in South African copyright law, with reference to the position in

other jurisdictions such as the United Kingdom, United States and New Zealand. Topics covered will include

originality, authorship, ownership, the idea-expression dichotomy, moral rights, parallel importation, and

reverse engineering.

Equality in the workplace Prof A Louw (Second semester)

This module focuses on the emerging field of employment discrimination law in South Africa. The Labour

Relations Act of 1995 (LRA) and the Employment Equity Act of 1998 (EEA) prohibit discrimination against

employees and extend that protection to applicants for work. The EEA also makes provision for the

implementation of affirmative action measures to redress the disadvantages in employment experienced

by black people, women, and the disabled. The module will be divided into two parts: The first part will

concentrate on the prohibition of discrimination. Issues such as the meaning of discrimination, the

structure of a discrimination claim, the difference between direct and indirect discrimination, justification

and proof and evidence will be examined. Attention will also be paid to some of the typical areas of

application, such as pregnancy, sexual harassment and equal pay claims. In the second part of the module,

affirmative action will come under the spotlight. South Africa’s Constitution breaks ranks with many

legislative provisions elsewhere in the world by making explicit provision for affirmative action policies. In

this regard, it is asserted that the South African Constitution embraces a substantive or asymmetrical –

rather than a formal or symmetrical notion of equality. In order to give effect to the Constitution, the EEA

places an obligation on ‘designated employers’ to implement affirmative action measures to redress the

disadvantages in employment experienced by black people, women and people with disabilities. Against

this background, we will examine the response of the South African judiciary and arbitrators to challenges

launched against affirmative action practices and policies, and evaluate the principles that have crystallised

against the framework of the constitutional commitment to substantive equality. Even though the focus

will be on South Africa, the module will be approached from an international and comparative perspective.

Employment Rights

Prof C Garbers (First semester)

In this module we will evaluate the interaction of the three main sources of labour law and of terms and

conditions of employment, namely the Constitution, legislation and the contract of employment (as

influenced by collective agreements). Once the scene has been set with an overview of the interaction

between these three sources, attention will shift to the examination of selected issues under each of the

three headings. Although the emphasis of the module is on individual labour law (i.e. the relationship between

the individual employee and his or her employer), the principles of collective labour law will also be addressed

and incorporated where necessary. Students who complete the module will have a sound understanding of

South African labour law in general, as well as an advanced understanding of some of the more important

issues in individual labour law (many of which have proved to be problematic in other jurisdictions). Note,

however, that some issues – such as discrimination and the individual rights underlying collective labour law

(e.g. freedom of association and the right to strike) – will not receive detailed attention in this module, simply

because these topics are dealt with in other LLM-modules in labour law to which students have access.

International Tax Law

Dr E Jansen van Rensburg and Dr I du Plessis (Second semester)

The tax implications of cross-border transactions are examined. Topics covered include the bases of taxation,

unilateral relief from double taxation, double taxation agreements; transfer pricing, thin capitalisation and

similar techniques; certain aspects of customs and excise; controlled foreign company legislation; and the

taxation of trusts.

Note: A prior knowledge of South African tax law is recommended

International Sales Law

Prof J Coetzee (First Semester)

This module deals with international sales law and related issues. The following topics are dealt with: the

structure of the international sales transaction and its context; salient features and problems requiring legal

regulation; the documentary nature of the transaction; trade terms (with special emphasis on the ICC’s

Incoterms 2010); the role of private international law; the evolving international law; the need for a uniform

law of international sale, and the agencies involved therein; an overview of the structure and general

characteristics of the Vienna Convention for the International Sale of Goods, 1980 (CISG); factors relevant

to the decision of a state to accede to the Cconvention; criteria governing the application and interpretation

of the Cconvention; the formation of contracts of sale under the CISG; the substantive sales law under the

CISG including the duties and remedies of the parties, remedial provisions common to the parties, exemption from liability, and the passing of risk; evaluation of the CISG.

Payment and Guarantees in International Contracts

Prof CF Hugo (convenor) (First Semester)

This module deals with the instruments of payment and guarantee encountered in international business

transactions. The following issues are addressed: problems and risks relating to payment in international

business; different payment mechanisms with the emphasis on documentary collections and documentary

credits and their regulatory frameworks (the ICC’s Uniform Rules for Collections (URC) and Uniform

Customs and Practice for Documentary Credits (UCP), as well as Article 5 of the American Uniform

Commercial Code; independent guarantees and standby letters of credit and their regulatory frameworks

(especially the ICC’s Uniform Rules for Demand Guarantees (URDG), but also the United Nations

Convention on Independent Guarantees and Standby Letters of Credit, and the ICC’s International Standby

Practices 98 (ISP98)); the relationships between the different parties in abstract payment and guarantee

relationships; the documents and their presentation with special emphasis on the doctrine of strict

compliance; the principle of independence of the different relationships and the exceptions to this principle;

the frustration of payment especially in the context of fraud (by injunctions and attachments); discounting

arrangements. As independent guarantees are especially important in construction contracts, some attention

is also devoted to the peculiarities of construction contracts.

Carriage of Goods by Sea

Prof J Coetzee and guest lecturers (Second Semester)

Most goods traded internationally are carried from the seller’s country to the buyer’s country by sea. In this

respect, the carriage of goods by sea is an important component of international trade. This module deals

with a capita selecta of substantive and/or procedural law aspects related to the carriage of goods by sea,

such as uniform legal regulation; Incoterms; contracts of affreightment within the context of international

trade; charterparties; bills of lading, sea waybills and other types of transport documents; obligations of the

shipper and carrier; carrier liability; exemptions from and limitations to liability; and admiralty jurisdiction

International Commercial Arbitration

Prof DW Butler (First semester)

This module focuses on the law and practice of international commercial arbitration, with specific reference

to disputes involving South African, SADC and European parties. It includes the UNCITRAL Model Law on

International Commercial Arbitration, which is under consideration for adoption by South Africa, and selected

modern arbitration statutes in other jurisdictions; the role of national courts in the international arbitration

process; the evaluation of international arbitral institutions and their rules (particularly the ICC and LCIA);

choice-of-law rules in the context of international arbitration; arbitrability; the drafting of an international

arbitration clause or submission agreement; the arbitral tribunal; competence/competence; modern

techniques to make international arbitration proceedings more cost-effective and expeditious; interim

measures; the award, including the challenge, recognition and enforcement thereof; the special features

of investment arbitrations; and current issues in international commercial arbitration (e.g. confidentiality and

consolidation). The use of ADR techniques like mediation as a prerequisite to arbitration and multi-tiered

dispute resolution clauses are also briefly considered.

Note: A prior knowledge of domestic arbitration law and practice is not a prerequisite for this module.

Intellectual Property Law in the Digital Environment

Mr C Jooste (Second semester)

Review of local, foreign and international instruments for the recognition and management of IP rights arising

from/relating to digital media. Issues in electronic data protection measures, copyright and trademark issues

on the internet, legal protection of computer programs and websites, civil and criminal liability for

infringement, counterfeiting/piracy, international standardisation and jurisdictional issues.

Legal Aspects of World and Regional Trade

Prof O Ruppel (Second semester)

This module deals with the International Law principles governing trade among states. The focus is

primarily on the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). The treaties establishing them contain the principles and mechanisms regulating inter-state trade.

The theory behind international trade is explained, as well as the present nature of the international

economic order. This includes institutional arrangements and the dispute solving mechanisms of the WTO.

The principles governing trade in goods (GATT), in services (GATS) and with respect to the protection

of intellectual property (TRIPS) are discussed. Regional trade agreements (for example SADC, SACU and

COMESA) are examined with reference to, inter alia, South Africa’s position. The constitutional provisions

on the incorporation of international trade obligations into the domestic sphere are comparatively

explained and discussed. Various aspects of sustainable development (and the law) and the most

controversial challenges facing the WTO as an institution are critically discussed from an African

perspective.

Mediation

Prof S Human and guest lecturers (Second semester)

The theory and practice of mediation from a legal perspective, including negotiation techniques, ethical

restraints and legislation promoting consensual mediation.

Patent Law and the Law of Registered Design

Dr MM Kleyn (First semester)

The principles of South African Patent Law and Designs Law, with specific reference to the procedure for

obtaining patent/design protection, rights administration, devolution, transfer and revocation of protection,

applicable international instruments, third party risk assessments (freedom to operate) and patent validity

assessments. The course includes an introduction to technology licensing principles and drafting of license

agreements, as well as plant breeders’ rights.

Selected issues in Collective Labour Law

Prof C Garbers (Second semester)

This module complements the three other LLM modules in Labour Law and focuses on specifically selected

issues in the field of collective labour law such as freedom of association, collective bargaining (including

collective agreements and organisational rights), worker participation, and strikes and lock-outs. Although

South African Labour Law will constitute the focus of the module, the material will be approached from an

international and comparative perspective.

Selected issues in International Labour and Social Security Law

Prof K Calitz (First semester)

The purpose of this module is twofold. In the first instance, an advanced study will be made of a number of

selected topics in labour law which students do not study in detail in the other two labour law LLM modules

offered by the Faculty (Employment Rights and Equality in the Workplace). The selection will consist of issues

which have proved to be of practical and theoretical importance such as, for example, transfers of businesses,

restraint of trade agreements, employment across national borders, globalisation and the development of

international labour standards (with specific reference to implications for Southern Africa), the distinction

between private and public sector employees, privacy in employment, jurisdictional questions raised by the

dispute resolution regime, the liability of trade unions and union security arrangements. The choice of topics

may change depending on developments in the field. In the second place, students will be introduced to the

law relating to social security and undertake an advanced study of selected issues in this field.

Specialised Dispute Resolution Techniques

Prof D Butler (Second semester)

A comparative analysis of the legal aspects of specialised dispute resolution techniques which have been

developed to meet specific needs in certain fields, for example: adjudication in the construction industry;

court-annexed mediation as a means of promoting access to justice; plea bargaining in relation to serious

commercial crimes; compulsory arbitration for labour disputes; the ombudsman in the financial services

industry; dispute resolution relating to state procurement; the WTO dispute resolution mechanism; family

mediation.

Note: No more than six of the above techniques will normally be discussed in a particular year.

Sustainable Development Law

Prof S Williams-Elegbe (First semester)

This module provides insight into the relatively new discipline of sustainable development law. This area of

law is becoming increasingly important due to continuing globalisation, investment flows and the liberalisation

of international trade. The module pays special attention to the delicate balance between international trade

and economic growth on the one hand and environmental protection and social justice on the other.

Developmental challenges and opportunities, environmental dangers and legal response mechanisms to

unsustainable and inequitable development patterns will be discussed from the perspective of emerging

economies. These broad themes will be investigated with reference to contemporary issues such as climate

change, land and water management, food security, waste and pollution control, population trends and

sustainable energy. Following a trans-disciplinary approach, the module will critically and comparatively

analyse relevant legal principles, sources and cases from international and domestic law.

Trademark Law

Mr G van Deventer (Second semester)

The principles of South African Trademark Law, with reference to legislation, case law and academic

opinion. Common law issues of unlawful competition and the right to attract custom. Related principles of

international trademark protection and foreign law.

DEPARTMENT OF PRIVATE LAW

Comparative Apartment Ownership

Prof CG van der Merwe (First semester)

The module provides an international overview of apartment ownership (condominium, strata titles,

Wohnungseigentum, propiedad horizontal, appartementeneigendom), which relates to residential,

commercial, office and resort condominiums. The role of the developer in the establishment of apartment

ownership; sales off building plans and developments in stages in order to finance the construction of the

buildings comprised in the scheme; the subdivision of the buildings into units, common property and limited

common property as well as the rights owners have with regard to these areas will be discussed.

The importance of participation quotas as a formula to determine an owner’s share in the common expenses,

the common property and the value of his or her vote at general meetings will be investigated as well as the

enforcement of financial and social obligations in order to prevent the condominium from degenerating into

a slum, alterations and improvements and the importance of sound management of the scheme. The module

concludes with a discussion of the conversion of rental buildings into apartment ownership schemes. This

module provides an excellent background for students to evaluate apartment ownership schemes in their

own countries.

International Law and Children’s Rights

Prof S Human and guest lecturers (First semester) This module examines the particular aspects of international law that have an impact on the promotion of

children’s rights. The child as bearer of rights – as an individual, and as a member of both a family and a

community – is entitled to special measures of protection in terms of international children’s rights

instruments. Some of these instruments are quite well-known and include the United Nations Convention

on the Rights of the Child; the African Charter on Rights and Welfare of the Child; and both The Hague

Conventions on Inter-Country Adoptions and International Child Abduction. The module will provide a

comprehensive review of these and other less well-known international documents, the development of

children’s rights as a particular discipline and the practical implications thereof, while placing particular

emphasis on the implementation of children’s rights in South Africa.

The Law of Trusts

Prof M de Waal (First semester)

The origin, nature and development of the trust; the trust in legal comparative perspective; the formation of

a trust and the requirements for a valid trust; the legal position of the trustee; the administration of the trust;

the legal position of the trust beneficiary; the variation, revocation and termination of trusts; types of trusts;

the trust and taxation; challenges and change in the law of trusts.

Note: A prior knowledge of the South African law of succession and law of contract is recommended for this module.

DEPARTMENT OF PUBLIC LAW

Forensic Law

Dr R Rebello and Ms V Lynch (Second semester) (classes presented during working hours)

The LLM module in Legal Medicine is an advanced study of selected topics in Medicina Forensis. The different

themes to be discussed in this module will be based on the unique and reciprocate relationship that exists

between science (specifically medical science) and the legal discipline. The following themes will be covered:

the interface between science and the law; the nature of medical, forensic and scientific evidence; criminalistics;

medico-legal aspects of criminal investigations including death, dying and postmortem changes, medico-legal

investigations of injury and sexual offences; human identification including DNA evidence, fingerprinting and

other methods of identification like handwriting, footprints, voice identification and facial mapping. Forensic

evidence including ballistics, toxicology, forensic statistics, forensic computer evidence, forensic odontology

and forensic entomology. Forensic psychology and psychiatry, as well as the role of expert witnesses

(specifically medical expert witnesses) in the South African legal system. The module also deals with the

procedural and evidential rules and principles governing expert testimony in this regard.

International Criminal Law

Prof G Kemp (Second semester)

This module comprises a study of both substantive and procedural issues in the emerging system of

international criminal law (ICL). By way of introduction the sources of and basic principles underlying ICL

will be discussed. In order to analyse the substantive issues in ICL a capita selecta of important international

crimes such as aggression, war crimes, crimes against humanity, and genocide will be studied. In addition, we

will also focus on some of the emerging transnational crimes like money laundering and corruption. In terms

of procedural issues we will look at the most important aspects of direct and indirect enforcement of ICL.

For this we will study the various international tribunals, with specific attention given to the permanent

International Criminal Court. We will also look at the way ICL is enforced at national level through domestic

legal systems.

Note: A prior knowledge of Public International Law is strongly recommended.

Public Procurement Regulation

Prof G Quinot and guest lecturers (First semester)

All governments need goods and services in order to function and in many if not most instances, contracts

are concluded with private parties for the provision of such goods and services. The process preceding the

conclusion of contracts is generally referred to as ‘procurement’ and worldwide it represents significant

portions of government spending. The field of law that governs the process of procurement is generally

known as public procurement regulation and it is one of the fastest growing areas of legal interest in practice

and academia. This module will expose students to an in-depth exploration of advanced topics in the area of

public procurement regulation. Topics will include: international and comparative procurement regulation,

including international instruments such as the UNCITRAL Model Law on Procurement and the WTO

Agreement on Government Procurement; the use of regulatory techniques to address corruption and

conflicts of interest; the use of procurement as a tool of transformation and development, the use of

procurement as an environmental protection tool; the conclusion of public-private partnership agreements;

the use of electronic procurement; and defense procurement regulation.

Note: A prior knowledge of government contracts and procurement law is a recommendation, but not a

prerequisite for this module.

18. Submission of research paper: information and instructions

18.1 A student will be awarded the LLM degree after successful completion of prescribed curricula in four

modules and the successful completion and acceptance of a research paper, prepared under supervision,

of 15 000 to 20 000 words (including footnotes, but excluding bibliography).

18.2 The research paper must be on a topic approved by the Faculty Board. Students are requested to

take the initiative and make their own suggestions. The chosen topic need not necessarily be linked

to one of the modules offered in the LLM programme. Should a student be registered for one of the

specialised LLM programmes (International Trade Law, Intellectual Property Law, Labour Law or

Alternative Dispute Resolution), such a student is required to complete a research paper on an

approved topic in the field of specialisation. More information on the research paper, can be obtained

from Karin Wiss (Tel: +27 (0)21 808 3780 e-mail: karinwiss@sun.ac.za).

19. Accommodation

19.1 Registration for the LLM-degree does not imply that a student automatically qualifies for

accommodation in one of the official residences of the University. The Law Faculty is not responsible

for arranging accommodation.

19.2 International students seeking accommodation must contact:

The Postgraduate and International Office

Private Bag X1

Matieland 7602

SOUTH AFRICA

Tel. no: +27 (0)21 808 4702

Fax no: +27 (0)21 808 3799

E-mail: interhouse@sun.ac.za

19.3 South African students seeking accommodation must contact:

Mrs D. Kuipers (for men’s residences)

at tel no: +27 (0) 21 808 2620

and fax no: +27 (0) 21 808 2847.

Mrs M. Hendrikse (for ladies’ residences) at tel no: +27 (0) 21 808 3892 and fax no: +27 (0) 21 808 2847.